4. Admission

4. Admission

It is very often for the prosecution and the defendant to agree to admit certain matters as undisputed facts. In such event, the prosecution will not be required to tender evidence proving those matters.

Admission of a written statement

A written statement is usually inadmissible in criminal trials. The statement maker is required to be present in Court to testify under oath instead. However, section 65B of the Criminal Procedure Ordinance (Cap. 221) provides an exception: by consent between the parties, the written statement can be admitted and be treated as if it were oral evidence given in Court by its maker.

A written statement admitted in this way does not constitute an admission of the facts contained. The Court is not bound to accept what is stated on it. The same witness may still be subject to cross-examination in Court even though he/she does not have to orally repeat the facts stated in the statement during examination in chief. The other party is allowed to present evidence to contradict or weaken the significance of the matters stated in the statement.

Formal admission

The commonest form of admission is a plea of guilty. This amounts to an admission of the offence charged and each and every element of the offence. That said, upon a guilty plea, the Court does require the defendant to admit to the “Brief Facts” or “Summary of Facts” containing the detailed facts substantiating the offence. It is therefore important for the defence to closely examine these and discuss with the prosecution any necessary amendments.

For defendants who plead not guilty, section 65C of the Criminal Procedure Ordinance (Cap. 221) allows admission of facts for the purpose of trial. These admissions are limited to the facts that are conceded, and they should not be a general admission by the accused of all the facts presented by the prosecutor in their opening statement. Once facts are admitted, there is no requirement to prove them. 

Admissions made under this procedure are conclusive against the party making them, unless that party obtains permission from the court to withdraw them.